Daniel v. Vasquez

ON THE MERITS.

GrODCHAUX, J.-

This suit involves a building contract executed with, bond as required by the provisions of Act 134 of 1906. The plaintiff owner has deposited in Court a balance on the contract price due the builder, *302Vasquez, and against this fund she asserts a claim for demurrage and for an amount expended by her to complete the contract upon the builder’s default. She has cited in consurso the surety and sundry furnishers, of material whose attested accounts had been served upon her and recorded in the mortgage office. The lower Court recognized the right of plaintiff and of the…